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Strategies & Market Trends : Estate Planning

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To: redfish who wrote (6)1/15/2005 11:32:10 AM
From: Cisco  Read Replies (1) of 79
 
That was the conclusion I reached. Seems to me that the only time one would consider a springing power of attorney would be when you didn't fully trust the one you are giving the power to in which case why would you make them your attorney-in-fact?

Suze Orman believes that the best Power of Attorney does three things.

1. It is authorized by a specifice state law (Statutory Power of Attorney).

2. Is a general power of attorney.

3. Survives the incapacity of the maker.

Her first point seems a good one to me, but is not mention in WillMaker Plus. Clearly, Banks and the like would be more comfortable with broad sweeping Power of Attorney authorized by statute.

The next question that comes to mind, is whether to go ahead and give the Power of Attorney form to your attorney-in-face or keep it in a safe place where it can be used if and only if you are incapacitated?

I can think of cases where one might not be incapacitated but could use some help by delegating some tasks. So answering this question might not be as straight forward as it first appears.
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